IN Bar Multistate Bar 2

Question 1

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?

Accepted Answer

A contingent remainder

Answer

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

Question 2

A defendant is charged with burglary. At trial, the prosecution offers evidence that the defendant committed a similar burglary two years earlier using the same unusual entry method. This evidence is most likely admissible to prove:

Accepted Answer

Identity through modus operandi

Answer

Under FRE 404(b), prior bad acts are admissible for non-propensity purposes such as identity via a distinctive modus operandi.

Question 3

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?

Accepted Answer

The buyer

Answer

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

Question 4

A police officer stops a car for speeding and smells marijuana. The officer searches the trunk and finds cocaine. Is the search valid?

Accepted Answer

Yes, under the automobile exception because the odor created probable cause

Answer

The odor of marijuana gives probable cause, and under the automobile exception police may search any part of the vehicle that could contain contraband, including the trunk.

Question 5

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:

Accepted Answer

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

Answer

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.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Multistate Bar 2